Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 25-01-2018

Resolution No.(5) by the Board of Iftaa`, Research and Islamic Studies:      

“Ruling of Sharia on Artificial Inseminatio“

Date: 25/10/1404 AH; 24/7/1984 AD

 

Question: What is the ruling of Sharia on artificial insemination?

Answer: All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his Family and Companions.

Almighty Allah Has Honored human beings in His Book where He Says (What means): “We have honored the sons of Adam.“ {70/al-Isra`}.

Part of this honor is embodied in the keenness of Sharia on protecting lineage and preserving fatherhood of fathers, motherhood of mothers and filiation of children by true natural kinship and observance of chastity and virtue in building the family, and forming the community.

Allah Has also Embodied this honor in making legitimate marriage the natural means of forming the family and begetting children, and in forbidding adultery as it leads to mixing lineage, severing kinship ties, and violating honor. He Says in the Noble Quran (What means): “O mankind! reverence your Guardian-Lord, who created you from a single person, created, of like nature, His mate, and from them twain scattered (like seeds) countless men and women;- reverence God, through whom ye demand your mutual (rights), and (reverence) the wombs (That bore you): for God ever watches over you.“ {An-Nissa`/1}.

This honor is a favor and a grace that Almighty Allah Has Bestwed upon His servants; it is the natural means legislated by Him for begetting children, which is amongst the intentions of Sharia from marriage.

 

Allah Creates a child from the insemination of an ovum in a wife`s womb by a husband`s sperm. Allah  Says in this regard (What means): “Verily We created Man from a drop of mingled sperm, in order to try him: So We gave him (the gifts), of Hearing and Sight.“ {Al-Innsan/2}. As a result, the born child leads his/her life having a legitimate relationship of lineage to his/her father, so he/she acquires a natural relationship with his/her parents, brothers, sisters and relatives; consequently, he/she is neither a stranger to them, nor attributed in lineage to a strange person as well. Allah Says (What means): “Call them by (the names of) their fathers: that is juster in the sight of God.“ {Al-Ahzaab/5}.

Allah Has Decreed that people be called by the names of their fathers for He Says in the Noble Quran (What means): “Call them by (the names of) their fathers: that is juster in the sight of God.“ {Al-Ahzaab/5}. Moreover, it was reported that the Prophet (PBUH) said: “If somebody claims to be the son of somebody other than his father knowingly, he will be denied Paradise (i.e. he will not enter Paradise.“ {Bukhari &Muslim}. The Prophet (PBUH) also said: “If somebody claims to be the son of somebody other than his father knowingly, or takes a master other than his real masters will incur the curse of Allah, the angels and all the people, and Allah will not accept his compulsory or optional good deeds.” {Bukhari and Muslim}.

Artificial insemination is either conducted by using the sperm of the husband or someone else`s. Such a procedure is permissible in case of necessity if the wife`s ovum was fertilized with her husband`s sperm, provided that lineage is safeguarded since maximum care must be undertaken while preserving the ovum, and those who carry out this procedure must be very cautious in this regard as well. This is in order for the fertilized ovum not to mix with other fertilized ova because any mistake, or act of carelessness in this regard will lead to serious effects on man, blood ties , and honor. In addition, the staff conducting this procedure must be tightly monitored, and it is better that trustworthy and honorable physicians take charge of it. This way, the aforementioned procedure doesn`t contradict the intentions and the rulings of Sharia, in addition to becoming permissible.

However, if the insemination was conducted by using a sperm other than that of a woman`s husband, then it is considered forbidden absolutely and without the least suspicion. In fact, it is similar to disguised Zina (adultery) since it leads to the mixing of lineage and wasting the favor of having relationships of lineage and marriage, which are a good fruit of lawful marriage. Allah Says in this regard (What means): “It is He Who has created man from water: then has He established relationships of lineage and marriage: for thy Lord has power (over all things).” {Al-Forqaan/54}. Unlawful insemination is a kind of forgery that leads to mixing lineage. Islam has totally rejected it, and came up with a way for putting an end to it once and for all by prohibiting adoption where a man isn`t called by the name of his father. Almighty Allah Says in this regard (What means): “God has not made for any man two hearts in his (one) body: nor has He made your wives whom ye divorce by Zihar your mothers: nor has He made your adopted sons your sons. Such is (only) your (manner of) speech by your mouths. But God tells (you) the Truth, and He shows the (right) Way.“ {Al-Ahzaab/4}.

Artificial insemination between unmarried people poses a greater danger than adoption as far as familial ties and lineage are concerned. It also contradicts the intention of Sharia behind legislating marriage, and paves the way for the emergence of grave evils and sins, which should be dealt with cautiously  and leashed decisively.

There is a moral lesson for Muslims from what is happening to western societies in terms of the deterioration of their familial ties. Nevertheless, the family is the primary pillar in building society and subjecting it to doubts and lack of confidence by questioning the lineage of its members will lead to the destruction and break up of society through losing the bond that ties a child with his father. As Muslims, we should make use of the experiences of others and learn a lesson from the desperate situation of the western society resulting from the break up of familial ties, and we should also adhere to the Sharia of Allah so as to remain on the righteous path.

Since adherence to the Ordainments of Allah, The Almighty, putting them into effect, and abiding by their limits are some of the greatest favors that He Has Bestowed upon us. And Allah Knows Best.

 

The Iftaa`Board

 

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Summarized Fatawaa

Should the Zakah (obligatory charity) giver tell the poor recipient that this is the Zakah of his money?

No, he shouldn`t. But, the Zakah giver should make an intention in his heart that it is the Zakah of his money when he gives it to the poor. And Allah Knows Best.

Is it permissible for a pious Muslim woman to stay with her husband who had quit praying out of laziness?

Quitting prayer is one of the major grave sins that come after disbelieving in Allah, but the wife of such a person isn`t considered divorced, rather, she should exert all her efforts in order to bring him back to the way of Islam. However, if his sin is likely to lure her from the way of Islam, then she had better separate from him by lawful means such as Mokhal`aa (When a wife pays a compensation for her husband in return for divorcing her). Moreover, if she exercises patience, and remains steadfast on her faith, then there is no harm in doing that.

A woman used contraceptive pills, and her menses exceeded (15) days, is it permissible for her to fast?

The maximum of menstrual blood is (15) days, but if it exceeded that due to a medication, or the like, then it is Istihadah (bleeding outside the monthly period), and in this case she should perform Ghusl (ritual bath), pray, and fast. Moreover, she is obliged to make up for the missed fasting days which exceeded her regular menses. And Allah Knows Best.

What is the ruling on taking a loan from an interest-based bank (a usurious bank) to buy an apartment for housing, noting that I am renting at a high amount relative to my income, and I am an employee? Also, considering that the conditions of Islamic banks are strict, and I cannot obtain the full amount from them, is it permissible to take a loan to purchase an apartment or not? May Allah reward you.

 

 

 

 

 

Usury (interest) is prohibited by Islamic law, and the Messenger of Allah, peace be upon him, cursed the one who consumes usury, the one who pays it, its recorder, and its witnesses. Whoever leaves something for the sake of Allah, Allah will compensate them with something better and greater, and Allah will provide relief after hardship. Needing a place to live does not permit taking a loan with interest. And Allah Knows Best.